Kemp v. City of Springfield et al

Filing 38

ORDER: Adopting Findings and Recommendation 24 . The County defendants' motion to dismiss 16 is allowed to the extent plaintiff's eighth claim is dismissed without prejudice to refile in an amended complaint within 20 days of the date of this order. Signed on 8/9/2011 by U.S. District Judge Michael R. Hogan. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE
MARK ANDREW KEMP,
Plaintiff,
Civil No. 10-6420-TC

v.
ORDER
CITY OF SPRINGFIELD, at al.,
Defendants.
Magistrate Judge Thomas M Coffin has filed his Findings and

Recommendation on June 29, 2011.
See 28 U.S.C,

obj ections

§

636(b) (1) (B)

The matter is now before me.

and Fed.

have been timely filed.

R.
This

Civ.

P.

72(b).

No

relieves me

of my

obligation to give the factual findings de novo review.

Lorin

Corp. v. Gata & Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1982).
See also Britt v.

1

- ORDER

Simi Valley Unified School Dist.,

708 F.2d

452, 454 (9th Cir. 1983).
~ liQYQ,

Having reviewed the legal principles

I find no error.

Accordingly,

Recommendation.

I

ADOPT

Judge

Coffins

Findings

and

The County defendants' motion to dismiss (#16)

is allowed to the extent plaintiff's eighth claim is dismissed
without prejudice to refile in an amended complaint within 20
days of the date of this order.
DATED this

.r~

day of August, 2011.

Judge

2

- ORDER